I'm betting that this case will make it to the Supreme Court, but for now the ACLU, Center for Constitutional Rights, and several journalists have won their case against the government that their 1st and 4th amendment rights have been violated.

The government used the state secrets defense, which was granted for one claim (dealing with actual injury to journalistic correspondence) but denied for the constitutionality claim, on the basis that the administration has already admitted to the program and asserted its legality.

It's *really* unusual for a judge to deny a motion invoking the state secrets privilege, so this case is interesting.